TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 52

PRIORITY

CYPHER/CAT A

GRPS 1440

CONFIDENTIAL I

RECAVO IN

REGISTRY No.51

FM HONG KONG 270130 Z

27 SEP 1973

CONFIDENTIAL

lakklyn

TO PRIORITY F C O TELNO 1096 OF 27TH SEPTEMBER, 1973.

2014

YOUR TELEGRAM NO. 938.

LART

REF.

198

SECOND BLAIR-KERR REPORT ON CORRUPTION.

NA

REF.

2.32 + 235

2. WE ARE MOST GRATEFUL FOR YOUR SPEEDY AND HELPFUL COMMENTS ON

THE PROPOSALS CONTAINED IN THE SECOND BLAIR-KERR REPORT.

3. YOUR PARAGRAPHS 2 AND 3. FUGITIVE OFFENDERS ACT, WE CONSIDER IT ESSENTIAL THAT THE FUGITIVE OFFENDERS ACT BE AMENDED TO ALLOW FOR THE EXTRADITION TO HONG KONG OF ANY PERSON CHARGED IN HONG KONG WITH AN OFFENCE CARRYING A MAXIMUM OF 12 MONTHS IMPRISONMENT OR MORE. THERE ARE OTHER OFFENCES AGAINST THE BRIBERY ORDINANCE AND OFFENCES

UNDER OTHER ORDINANCESS FOR WHICH EXTRADITION FROM THE U.K. WOULD

NOT BE POSSIBLE ON THE PRESENT WORDING OF THE ACT.

4.

WE REALIZE THAT A CHANGE OF THE ACT MIGHT CAUSE GODBER TO VANISHI NEVERTHELESS, WE DELIEVE THAT THIS IS A LESSER EVIL

THAT OUR INABILITY TO SECURE HIS RETURN HERE FOR TRIAL ON THE

OFFENCE WITH WHICH HE HAS BEEN CHARGED.

5 €

IF THE FUGITIVE OFFENDERS ACT IS AMENDED IT IS HIGHLY

DESIRABLE THAT THE AMENDMENT IS MADE RETROSPECTIVE SO AS TO CATCH GODBER. THE PUBLIC IN HONG KONG WILL BE DEEPLY DISAPPOINTED BY AN AMENDMENT WHICH DOES NOT DO SO.

6.

BAD THOUGH THE REACTIONS TO THE OPERATION OF THE FUGITIVE OFFENDERS ACT HAVE BEEN IN THIS CASE, THEY WOULD BE INFINITELY WORSE IF THERE WERE A REPETITION.

7. YOUR PARAGRAPH 5. WE AGREE THAT COLONIAL REGULATION 61

BE RETAINED.

B. YOUR PARAGRAPH 6. WE WOULD LIKE TO SEE THIS REGULATION AMENDED SO AS TO PROVIDE FIRSTLY, THAT AN OFFICER ACQUITTED OF A CRIMINAL CHARGE MAY BE RETIRED UNDER REGULATION 59, UPON A CONSIDER- ATION OF THE RECORD OF THE COURT AND WITHOUT ANY FURTHER PROCEEDINGS.

"SECONDCY;

CONFIDENTIAL